Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
OMB # 1140-0072
Information Collection Request
Employee Possessor Questionnaire
ATF Form 5400.28
JUSTIFICATION
Necessity of Information Collection
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is charged with enforcing the provisions of Title XI of the Organized Crime Control Act of 1970, and its implementing regulations of 27 CFR Part 555. One of the primary purposes of the Act, is to protect interstate and foreign commerce against interference and interruption, by reducing the hazard to persons and property arising from the misuse of explosive materials.
This responsibility has been expanded by the recent enactment of legislation, to combat terrorism and defend the Nation against terrorist acts, among other purposes. The legislation in part, has amended the provisions of 18 U.S.C. 842(d), to expand the list of persons prohibited from receiving explosive materials. The provisions of 18 U.S.C. §843, requires that all applicants submit the names of and other appropriate identifying information, regarding all employees who will be authorized by the applicant, to possess explosive materials. ATF requires all employee possessors in an explosive business to complete ATF F 5400.28.
Needs and Uses
Persons employed in the explosives business or operations who are required to ship, transport, receive, or possess explosive materials, will complete ATF F 5400.28. The form will be submitted to ATF, to determine whether the person who provided the information, is qualified to be an employee possessor in an explosive business. This form (ATF F 5400.28) will be used, in addition to the ATF Form 5400.13/5400.16, for purposes of certification of employee possessors, and to verify that such persons are not prohibited from shipping, transporting, receiving, or possessing explosive material.
Use of Information Technology
Completed Employee Possessor Questionnaires (EPQs) can be submitted to the Federal Explosives Licensing Center via mail or electronically by fax (304-616-4401) or email ([email protected]). The Federal Explosives Licensing Center requires that the Federal Explosives Licensee/Permittee (FEL/P) supply the EPQ with an application, or a letter requesting an employee possessor to be added to their license or permit. A completed EPQ must also be submitted by a Responsible Person listed on the license/permit, who has the authority to make such a change. The wet signature requirement remains in place primarily because the FELC accepts signed forms for EPQs. However, in addition to a mailing a written and signed form to the FELC, responsible persons also have the option of having the employee possessor sign and scanning, or electronically/ digitally signing their EPQ, if they possess the capability. Once signed, these notices can be printed and faxed, or emailed to the FELC for processing. The use of electronic signature/digital signature and the implementation e-submission capability eliminates the need for mail-in notification. The EPQ is currently in sequence for full electronic conversion, which is expected to positively impact the public burden associated with this IC.
Efforts to Identify Duplication
ATF uses a uniform subject classification system to identify duplication, and to ensure that previously provided information, cannot be reused or modified, for use for the purpose of this information collection.
Minimizing Burden on Small Business
This collection of information will have no impact of small businesses.
Consequences of Not Conducting or Less Frequent Collection
Failure to collect this information will hinder ATF’s ability to carry out its responsibility to ensure that prohibited persons do not possess explosives.
Special Circumstances
There are no special circumstances. Respondents are required to complete the information as necessitated by explosive laws.
Public Comments and Consultations
No public comments were received for either the 60-day or 30-day notices that were published in the Federal Register.
Provision of Payments or Gifts to Respondents
No payment or gift is associated with this collection.
Assurance of Confidentiality
Responses are kept in a secured location. ATF employees with background checks process the questionnaires. Confidentiality is not assured.
Justification for Sensitive Questions
Questions about an individual’s criminal history, immigration status and mental status are asked. The questions are necessary in order to ensure that the provisions of the legislation are effectively enforced.
Estimate of Respondent’s Burden
ATF estimates that there are a total of 10,000 respondents that will be associated with this information collection request. Each respondent will respond one time. There are 10,000 annual responses. We estimate that each respondent will spend approximately 20 minutes completing this form. The total annual burden hours associated with this request is 3,334.
Estimate of Cost Burden
ATF does not project a cost burden to the respondents. The form is submitted by the respondent to the employer.
Cost to Federal Government
There is no cost to the Federal government.
Reason for Change in Burden
There are no program changes or adjustments associated with this collection.
Anticipated Publication Plan and Schedule
The results of this collection will not be published.
Display of Expiration Date
ATF requests approval to not display the expiration date of OMB approval for this collection. If we print the expiration date on the form, this will result in increased costs to the Government, because inventories that will become obsolete with the passage of the expiration date, will need to be replaced, each time an OMB approval is renewed. The time period during which the current edition of the form in this package will continue to be utilized cannot be predicted. It could very easily span several cycles of review and OMB clearance renewal. Additionally, a substantive inventory of forms in the supply line is necessary to meet the demand of the explosive industry. For these reasons, we request authorization to omit printing of the expiration date on the form in this package.
Exception to the Certification Statement
There are no exceptions to the certification statement.
STATISTICAL METHODS:
This collection of information employs no statistical methods.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Guy, Hilda L. |
| File Modified | 0000-00-00 |
| File Created | 2021-01-21 |